ADR & Litigation Experience

Arbitrator/Mediator Experience:

For more than 40 years Mr. Wernick has been actively involved in Alternative Dispute Resolution ("ADR") as an arbitrator (chairman of a panel, member of a panel, or the sole arbitrator) and as a mediator in both private ADR settings and for the U.S. Federal Courts. Experience includes arbitration and mediation cases involving large (business critical) computer user and vendor disputes, technology disputes (including e-commerce, SaaS, and outsourcing), website development disputes, licensing disputes, software ownership, intellectual property disputes.

ADR cases handled include:

• Large complex user/vendor dispute between a business in the insurance industry and a software systems vendor to the insurance industry, including substantial discovery disputes, multiple fact and expert witnesses, tens of thousands of documents, complex contract liabilities and damages issues, multiple days of virtual hearings, issuance of an Award. (Chair of Arbitration Panel)
• Complex patent licensing dispute with multiple counsel from multiple states, including substantial discovery disputes, multiple fact and expert witnesses, multiple days of hearing, and the issuance of an Award which brought closure on the parties' long running dispute. (Chair of the Arbitration Tribunal)
• Licensing dispute between a large international online content provider licensee and large content aggregator licensor. (Chair of Arbitration Panel)
• Technology license dispute between technology patent licensor and licensee regarding patent license renewal. (Chair of Arbitration Panel)
• Computer systems failure dispute between a hospital system and a software developer/distributor of proprietary accounting and management software, including claims of breach of contract. (Sole Arbitrator)
• Software development dispute between software developer and website operating online auctions including claims of breach of contract to produce software for operating online auctions, breach of website development contract, breach of license agreement, and infringement. (Sole Arbitrator)
• Peering agreement dispute between two of the world's largest fiber optics network Internet services providers. (Sole Arbitrator)
• Software performance dispute between a software developer and an insurance company. (Sole Arbitrator)
• Contract performance dispute between a search engine optimization developer and website owner. (Chair of Arbitration Panel)
• Dispute between software developer and a large private association of insurance companies concerning alleged breach of computer systems development agreement. (Arbitration Panel Member)
• Software performance dispute between a national financial institution and a software vendor regarding alleged system performance failures. (Sole Arbitrator)
• Computer outsourcing services agreement dispute between a major steel manufacturer and an outsourcing services provider concerning interpretation of pricing provisions. (Sole Arbitrator)
• Contract dispute between a software systems integrator and an international manufacturer of toys and games over alleged failed integrated system installation. (Chair of Arbitration Panel)
• Claims arising out of alleged breach of license agreement between major telecommunications company and intellectual property licensor. (Chair of Arbitration Panel)
• Contract dispute between a national collection agency and a software provider including claims of performance failures and trade secrets disputes. (Sole Arbitrator)
• Disputes between licensor and licensee over alleged infringement of intellectual property rights and breach of license agreement. (Sole Arbitrator)
• Dispute between Internet based travel site and software developer including allegations of breach of warranties and performance failures. (Arbitrator)
• Contract dispute between a web hosting service and an online business involving alleged lost profits and other contract damages alleged to have occurred as a result of a migration of a web site from one host system to another. (Arbitrator)
• Dispute between insurance company licensee and software developer licensor concerning interpretation of scope of use provisions in license agreement. (Arbitrator)
• Dispute between a computer software licensor and manufacturer of wood furniture concerning alleged breach of license agreement and maintenance agreement. (Arbitrator)
• Dispute between an online services provider and financial services company over alleged breach of non-public personal data of financial service company’s customers. (Arbitrator)
• Dispute between a managed IT and telecommunication services provider and customer over alleged breach of contract. (Sole Arbitrator)
• Copyright infringement claims by large telecom businesses against alleged infringers. (Sole Arbitrator)
• Mediator of dispute between Point of Sale (“POS”) systems vendor providing off-the-shelf and custom software, and a large big box retailer of home improvements and construction supplies. Result: settled.
• Federal court appointed mediator of business dispute.
• Mediator of technology contracts, business contracts, intellectual property, and licensing disputes.

Litigation Experience includes:

• Represented respondent (business investor) in arbitration against a demand for over $23 million by claimants (represented by a top 100 law firm) against respondent concerning a business dispute alleging, among other things, breach of contract, breach of covenant of good faith and fair dealing, tortious interference with contract. Result: obtained dismissal with prejudice of the Demand.
• Represented various other users in a number of different user/vendor disputes involving failed computer systems acquisitions. Results included settlement of disputes resulting in damages payments to clients and/or remediation by vendor of the failed systems.
• Represented large manufacturer in dispute over ownership to works (including software) developed by independent contractors. Results included assignment of all rights to the manufacturer without additional compensation to the independent contractors.
• Represented network architecture firm in dispute resolution involving their products and services. Results included negotiated amicable settlement of disputes.
• Represented software developer in dispute over work made for hire ownership rights. Results included retention of client’s rights to software.
• Represented software publisher in dispute concerning one of its distributors. Result included negotiated amicable settlement of dispute.
• Represented computer system user in dispute with time share company over rights to the user’s data. Results included clarification of user’s ownership of its data.
• Represented insurance company in settling a dispute over a claim by an insured (user) for licensed technology that was damaged in a fire. Results included negotiated amicable settlement of dispute.
• Represented large clothing manufacturer/retailer in dispute with its web hosting/web development company. Results included a full refund of all monies paid by client to the web hosting/web development company.
• Represented real estate developer in trademark dispute over naming of a residential subdivision.
• Represented a logistics company (that relies heavily on computer software to do truck tariff tracking and third party payment) in negotiations and settlement of dispute with an independent consultant over the rights to certain computer software. Result: obtained transfer of rights to client.
• Represented Amicus Curiae in Support of Plaintiffs. American Society for Testing and Materials d/b/a ASTM International, National Fire Protection Association, Inc., American Society of Heating, Refrigerating, and Air-conditioning Engineers, Inc., v. Public.Resource.Org, Inc., 1:13-cv-01215-TSC, (USDC, District of Columbia, 2016).
• Represented Doe defendant in a copyright infringement lawsuit. Result: dismissal of plaintiff’s lawsuit. – Patrick Collins, Inc. vs. John Does, et al., Case No.: 1:12−cv−06678 (USDC, ND, IL, 2013).
• Represented building code standards developing organizations (SDO) in copyright infringement lawsuit. Result: prevailed against motion for summary judgment; which motivated an amicable settlement of dispute – International Code Council v. National Fire Protection Association, 2006 U.S. Dist. LEXIS 13783 (USDC, ND, IL, 2006).
• Represented several software publishers in a copyright infringement lawsuit against a copyright infringer. Result: settled – Adobe Systems Inc., et al. vs. Green; Case No. 2:96−cv−00882−EAS−NMK (USDC, SD, OH 1998).
• Represented the owner of the copyrights to the works of Dr. Abraham Maslow against an infringer of Dr. Maslow’s copyrights. Result: obtained Temporary Restraining Order and then Permanent Injunction – Kaplan vs. Cannon; Case No. 2:97−cv−00970−JLG−MRA (USDC, SD, OH, 1997).
• Represented building code standards developing organization (SDO) (as Amicus Curiae for appellees) in copyright infringement lawsuit on appeal from trial court – Veeck v. Southern Building Code Congress International, 293 F.3d 791 (USCA, 5th Circuit, 2002), 123 S. Ct. 650 (US Supreme Court, 2003).
• Represented large medical practice group manager in user/vendor dispute with software provider which resulted in software provider paying client in excess of $1 million, plus royalty free license on replacement software, plus reduced cost for support, plus free hardware to run the replacement software.
• Represented building code standards developing organizations (SDO) in copyright infringement lawsuit. Result: obtained amicable settlement of dispute – Building Officials & Code Administrators, Inc. v. Anderson Publishing Company, Case No. 98­cv­04977 (USDC, ND, IL, 2000).
• Represented home builder (appellee) in action by homebuyers (appellants) for alleged breach of warranty. Result: appeals court affirmed judgment of trial court in favor of client. Cain v. Homewood Corporation, 1981 Ohio App. LEXIS 12872 (Court of Appeals, 10th Appellate District, Franklin County, Ohio, 1981).
• Represented multifamily apartment developer and apartment manager (appellees) in landlord/tenant dispute. Result: court of appeals affirmed trial court’s judgment. Koscik v. Olentangy Development Company and Deerwood Management Company, 1979 Ohio App. LEXIS 10900 (Court of Appeals, 10th Appellate District, Franklin County, Ohio, 1979).

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